Written answer
Sentencing Policy
2357. Deputy Paul McAuliffe asked the Minister for Justice, Home Affairs and Migration if he will commit to implementing Ask 2 of a framework (details supplied) by ensuring that bereaved families in manslaughter cases are entitled to receive a written explanation of sentencing decisions upon request, as operates in other jurisdictions such as England and Wales; whether this could be achieved through amendment to the Victims Act 2017 or through a direction to the DPP; the timeline proposed for implementation; and if he will make a statement on the matter. [58013/26]
Comment on this
It is important to emphasise that the conduct of any court case is a matter entirely for the presiding judge. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, including sentencing. While Judges are not required by statute to provide reasons for their sentencing decisions, they are required to have regard to certain factors, and typically explain how they balance the gravity of the crime, aggravating factors, and mitigating personal circumstances in reaching their decision.
The Criminal Justice (Victims of Crime) Act 2017, which transposed the EU Victims’ Rights Directive into Irish law, sets out a framework of rights and entitlements for victims. This includes access to information, support services, and protection measures.
Section 8 of the Act relates to a victim’s right to receive information in relation to their case and primarily concerns information provided during the investigation and prosecution phases of the criminal justice process. The section also distinguishes between general information about rights and supports, and additional case-specific information which may be provided where requested by a victim. The relevant competent authority is responsible for providing such information, depending on the nature of the information sought. While the Courts Service is not one of the bodies that are obliged to provide information directly under the 2017 Act, victims can obtain information relating to the courts process and outcomes where appropriate from responsible agencies including An Garda Síochána or the Director of Public Prosecutions.
Directive (EU) 2026/1472, which amends and updates the Victims’ Rights Directive, came into force in July 2026. Ireland actively engaged in negotiations on this Directive, aiming to ensure at EU level that supports for victims are further entrenched. Ireland will be obliged to transpose the new Directive into Irish law by 2 July 2028 for most of its provisions, aside from those relating to the use of information and communication technologies to support victims, which have a transposition date of 2 July 2030. Officials in my Department will, as a matter of standard practice, review our victims’ rights legislation and policies during the transposition process.
As Minister, it is not open to me to comment or intervene in any way in relation to how particular court proceedings are conducted, or on the outcome of those proceedings. The Judicial Council was established in 2019 to promote judicial independence as well as to ensure public confidence in the administration of justice. The Council is an independent body whose members are all of the judges in Ireland. In January 2026, I secured cabinet approval for the drafting of a Judicial Council (Amendment Bill) and to publish the General Scheme.
The General Scheme also provides for the Programme for Government commitment to empower the Minister for Justice, Home Affairs and Migration to ask the Judicial Council to draw up sentencing guidelines, for a particular crime area, within a certain timeframe and requires the Council to comply with such a request.
The proposed provisions will support the work already carried out by the Council in relation to sentencing and in particular the work of its Sentencing Guidelines and Information Committee.